A. At the time of the instant case, the Defendant: (a) was refused to pay 50,00 won of wages from the victim D at the time of the instant case; and (b) was able to hear the bath, and the Defendant’s grandchildren met with the victim’s awareness; (c) the Defendant’s grandchildren fell under the floor; and (d) the victim’s face was not taken by drinking; (d) the lower court found the Defendant guilty of assaulting the victim as stated in the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. Although the Defendant’s act does not violate social rules and constitutes a legitimate act under Article 20 of the Criminal Act, the lower court’s judgment convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal doctrine, which affected

C. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below and the trial court acknowledged the following facts based on the evidence duly adopted and investigated by the court below, namely, ① the victim made a consistent statement in the police and the trial court about the background, part and degree of the victim's face at the time of drinking as stated in the facts charged in this case, ② the E witness of this case stated in the police call that the victim's face at the time of drinking, ② the victim's face at the time of the victim's face at the time of the defendant's act, ③ the defendant also recognized the fact that the victim's inner border at the time of this case fell from the ground of the victim's face at the time of the defendant's act, and the reason that the victim's inner background appears to have been due to the defendant's exercise of considerable physical power as stated in the facts charged in this case.